But, you know what, I don't want to say you are completely wrong with your theory....so why don't you do a Kickstarter and start making your own episodes of "The Big Bang Theory" and put them on the web. Let's see how that goes for you....
Such a kickstarter wouldn't raise a single cent right now. If TBBT gets cancelled some day and you create a kickstarter to bring it back or to continue your own version of it, then you might have a case there. If you are able to create something that people like and enjoy, why should anyone have the right to shut it down?
And if a kickstarter project actually managed to destroy the ratings of a running TV show, well then your TV show simply sucked. If you somehow managed to get a cast for Sheldon Cooper & Co together that people liked a lot better... why the hell should that be stopped? It's not like you can fraud people with it like you can when you sell them empty iPhone cases filled with sand (that's what The Asylum does when they put their crap films in DVD cases designed to look like the more popular counterparts; and that's even legal!). You are making a non profit thing financed by crowd funding, and you let the audience decide.
The IP holder should always get a share of the profit of course. Otherwise the little guy can just be ripped off as well, because in turn it could be possible that CBS takes an original kickstarter and just runs off with the idea and makes millions from it. Hell no, the ones who had the idea need to get a share of the profit, doesn't matter if he is a big studio or an individual. I'm advocating this since, like, ever.
The work you do should be protected. LucasArts shouldn't have been able to download a stardestroyer model from a hobbyist and not pay him for the work he did, just because the stardestroyer design didn't belong to him. He did the work, end of story. Pay him for the hours he invested if you want to use it, or go hire someone who builds a new one from scratch.
If you make a Star Trek fan film, feel free to make a profit from it, but be obligated to give CBS a share of the profit. And your original ideas in the fan film are yours, and if CBS uses them in one of their own productions, they need to compensate you for that in turn as well.
It's a basic idea for a balanced system, which I believe would be the right thing. Nobody should be able to hammer down an idea and stop a project from happening, but everyone should be compensated for their intellectual property.
Tie-in literature authors should have the rights to their novels/stories/characters. If they get turned into films or TV episodes: compensation.
Those guys who do cover art and SOTL calendar art should have the rights to their images and assets. If they are re-used in some other commercial project: compensation.
If you re-edit an alternate version for the How I Met Your Mother finale, upload it on Youtube and that clicks a lot better with the audience, it shouldn't be put down because of "copyright violation". Heck, independent from whether it clicks with the audience or not. CBS should get a share of the ad revenue and be done with it.
MGM shoots down any attempt to create Stargate fan films and fan games. That shouldn't be right.
Many, many, many examples. It's the modern digital age.
This entire message board for example is in a dark gray area with all those copyright violating Avatars, Youtube links, image links, etc... If all copyright holders would actually enforce current contemporary copyright law, you would see how fucking messed up and out of place it actually is.